Driving under the influence is a serious offense in Minnesota, but if a child under 16 is in the
vehicle, the consequences are even more severe. Minnesota law treats DWI with a minor in
the car as an aggravating factor, which means heightened penalties and long-term
consequences.
How Minnesota Defines DWI with a Minor in the Car
Minnesota law (Minn. Stat. § 169A.03) considers a DWI charge more serious if a child under
16 is present in the vehicle at the time of the arrest—unless the driver is also under 16 and
less than three years older than the minor passenger.
This enhancement can increase the charge from a misdemeanor to a gross misdemeanor or felony, depending on prior offenses and blood alcohol content (BAC).
Penalties for DWI with a Minor in the Car
- First-Time Offense (Misdemeanor or Gross Misdemeanor)
- Up to one year in jail
- Fines up to $3,000
- Mandatory alcohol assessment and treatment
- Longer license revocation period
- Possible ignition interlock device requirement
- Second or Subsequent Offense (Gross Misdemeanor or Felony DWI)
- Mandatory jail time
- License cancellation and plate impoundment
- Vehicle forfeiture in some cases
- Child endangerment charges may also apply
- Additional Consequences
- Child Protective Services (CPS) Investigation – If a parent or guardian is charged with DWI while transporting a child, CPS may investigate to determine if further action is necessary.
- Impact on Child Custody – A DWI with a child in the car can be used against a parent in a family court custody battle.
- Professional and Employment Consequences – Certain jobs, such as commercial drivers or healthcare professionals, could face license suspension or termination.
Defending Against DWI with a Minor in the Car
If you are charged with DWI with a minor in the car, you need a strong defense. Possible
strategies include:
- Challenging the traffic stop – If law enforcement lacked probable cause, the case could be dismissed.
- Questioning field sobriety or breathalyzer results – Faulty or improperly administered tests can lead to unreliable BAC readings.
- Negotiating reduced charges – In some cases, legal advocacy can reduce penalties or secure alternative sentencing.
If you or someone you love is facing these charges, contact Mark D. Kelly immediately to
protect your rights and your future.
